HomeMy WebLinkAboutAP202000001 Staff Report 2021-09-01COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4579
Phone (434) 296-5832 Fax (434) 972-4126
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
ELECTRONIC MEETING VIA ZOOM
AGENDA
TUESDAY, SEPTEMBER 1, 2020 at 2:00 P.M.
Call to Order
Establish a Quorum
3. Public Hearings:
A. Project Number: AP201900001 R. A. Yancey Lumber Corporation 55-111 B, 55-112
B. Project Number: SP202000011 Pantops Corner Bundle Sign
Property Owner: Pantops Way Self Storage, LLC
Applicant: Rebkee Partners Pantops, LLC
Staff: Rebecca Ragsdale
4. Approval of Minutes
A. August 4, 2020
5. Old Business
A. Granting deviations from certain setback regulations
• Board of Supervisors of Fairfax County v. Robertson
• Land Use Law Handbook � 12-200
6. New Business
7. Adjournment
This meeting is being held pursuant to Ordinance No. 20-A(8): An Ordinance to Ensure the
Continuity of Government During the Covid-19 Disaster. Opportunities for the public to access
and participate in this electronic meeting are (or will be) provided at
httDs://www.albemarle. ora/aovernment/community-development/advisorv-boards/board-of-
zoning-appeals
BOARD OF ZONING APPEALS ELECTRONIC MEETING GUIDELINES
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Additional Guidelines for Applicants and Appellants addressing the Board:
• Understand that the Board of Zoning Appeals cannot change County ordinances.
• The BZA reserves the right to place additional time limitations on speakers, as necessary.
STAFF PERSON:
BOARD OF ZONING APPEALS:
STAFF REPORT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
TAX MAP/PARCEL:
Rebecca Ragsdale, Principal Planner
September 1, 2020
SP202000011 Pantops Corner Off -site Bundle Sign
Rebkee Partners Pantops, LLC
c/o Ryan Perkins/Paul Sprouse
Pantops Way Self Storage, LLC
Stony Point Road (Rt. 20N)/Pantops Corner Way
07800-00-00-005E0
PETITION: SP202000011 Pantops Corner Bundle Sign (Sign#58) — Pantops Way Self Storage
LLC (owner) Rebkee Partners Pantops LLC (Applicant). Request for issuance of a special use
permit to locate an off -site bundle sign (42.6 square feet in size and 11 feet 11 inches in height)
at Pantops Corner Way and Stony Point Road (Rt 20N) pursuant to Albemarle County Code §
18-4.15.7(b) and § 18-34.5 for Wawa and future tenants. The proposed location is off the
northbound lane of Stony Point Road, approximately 0.10 miles northeast from the intersection
of Stony Point Road (Rt. 20N) and Richmond Road (Rt. 250E), and located across from
Winding River Ln. The property, Tax Map Parcel (TMP) 07800-00-00-005EO is zoned Highway
Commercial and Entrance Corridor Overlay.
APPLICANT'S PROPOSAL: The Applicant proposes to erect an off -site bundle sign (42.6
square feet in size and 11 feet 11 inches in height) at the entrance to the Pantops Corner
development to include three tenant panels (Wawa, Storage Sense, Future tenant) and an area
for fuel price display. (Attachment A -Proposed Sign Design/Location). A bundle sign is a type of
freestanding off -site sign that identifies two or more establishments or sites that are not part of
a planned development district and share a common entrance or access road. The proposed
sign will comply with the sign regulations in terms of size and height.
LOCATION AND DESCRIPTION OF THE PROPERTY: The subject property (TMP 07800-00-
00-005E0) is 1.10 acres in size and located along the northbound lane of Stony Point Road (Rt.
20N) and Pantops Corner Way. (Attachment B-Location Map) The site is about .10 miles north
of the intersection of Richmond Road (Route 250E) and Stony Point Road (Rt. 20N). It is
associated with a development known as Pantops Corner which includes three other parcels
between Stony Point Road and Richmond Road. The subject property is being developed for
self -storage and is along Pantops Corner Way, which serves three other parcels including the
future Wawa on 07800-00-00-005A0. The property is zoned Highway Commercial and is also
located in an Entrance Corridor Overlay (Attachment C-Zoning Map).
CHARACTER OF THE AREA: The properties immediately surrounding Pantops Corner are
zoned HC Highway Commercial and C1 Commercial. There is a mix of commercial uses (gas
stations, fast food, auto dealership, auto parts store, etc.) along with office uses near this site.
Pantops Corner will be developed with commercial uses including a self -storage facility, hotel,
Wawa, and a future tenant.
PLANNING AND ZONING HISTORY:
ZMA201300002 Pantops Corner- A rezoning was approved December 11, 2013 to rezone
2.246 acres from the R-1 zoning district to the HC zoning district. The applicant/owner of that
parcel also owned the two abutting properties to the south which were already zoned HC. The
owner wanted to market and develop the three properties cohesively along with establishing a
common access road between Stony Point Road (Rt. 20N) and Richmond Road (Rt. 250E)
known as Pantops Corner.
Since the rezoning, there have been subdivision plats approved to create a fourth parcel within
the Pantops Corner development and shift parcel boundaries among other parcels and to
establish a private street easement for the access road.
SDP201800089-Pantops Corner final site plan was approved December 31, 2019 for a 122-
room hotel on 07800-00-00-058G1 and proffered access road on 07800-00-00-005A0, 07800-
00-00-005B0, and 07800-00-00-005E00. The hotel and access road are under construction.
SDP201900013- A final site plan was approved March 30, 2020 for a Wawa gas station, with a
canopy of approximately 8,892 square feet, and convenience store of approximately 6,049
square feet on 078000000005A0. Building permits are under review but have not yet been
issued for construction of the Wawa.
SDP201900063- A final plan for Storage Sense was approved on February 18, 2020. The
storage building is under construction.
ARB REVIEW: This property is located on Stony Point Road (Route 20N), which is an Entrance
Corridor (EC). The Architectural Review Board (ARB) reviewed this request at its August 17,
2020 meeting. (Attachment D-ARB Action Letter)
The ARB approval criteria addresses such factors as sign base design, lighting and
landscaping. These design criteria support the purposes of the sign regulations in terms of the
general welfare, appearance of streets, and enhancement of the County's attractiveness for
economic development.
REASON FOR REVIEW (Attachment E): County Code §18-4.15.7 permits off -site bundle
signs only by special use permit. This provision for bundle signs was added to the ordinance in
2014 during a text amendment process to update regulations for off -site signs. During that
process, staff recommended approval of this type of bundle sign by -right. However, there were
concerns about a proliferation of too many signs so the ordinance requires off -site bundle signs
by special use permit. This is the first special use permit for an off -site bundle sign to be
reviewed by the BZA.
b. Off -site bundle signs. A proposed off -site bundle sign shall satisfy the following:
1. Eligibility. The site whose owner is requesting the bundle sign must be located
within an industrial, commercial, or residential district and share a common
entrance or access road with one or more other establishments or sites.
The proposed sign would be located within a commercial district on a property that shares
a common entrance (Pantops Corner Way) and access road with three other sites.
2. Authorized locations. The sign shall be located on a lot having frontage on the
intersection of a street and an access road serving all establishments or sites.
The proposed sign would be located on a property with frontage on Stony Point Road (Rt.
20N) and frontage on an access road (Pantops Corner Way) shared with three other sites.
STAFF COMMENT:
Under County Code § 18-34.5(i), the board shall reasonably consider the following factors
when it is reviewing and acting on a special use permit (underline emphasis added):
No substantial detriment. The proposed special use will not be a substantial
detriment to adjacent lots.
The proposed sign would be perpendicular to Stony Point Road and as proposed will not
impact sight distance. With the design of the sign as proposed and subject to the applicable
ARB design criteria, staff believes that there will be no substantial detriment to adjacent lots
and roadways, or the purpose and intent of the Entrance Corridor overlay district. The
proposed sign will assist with wayfinding to businesses within Pantops Corner from Stony
Point Road.
2. Character of the nearby area is unchanged. The character of the district will not
be changed by the proposed special use.
With the sign as proposed and subject to the applicable ARB design criteria, staff believes
that there will be no change to the character of the district. The sign design and size are
consistent with signage allowed on nearby properties.
3. Harmony. The proposed special use will be in harmony with the purpose and
intent of this chapter, with the uses permitted by right in the district, with the
regulations provided in sections 4 and 5, as applicable, and with the public
health, safety, and welfare.
To consider a proposed sign in harmony with the purpose and intent of this chapter it must
be consistent with the sign regulations of Section 4, including the size, height, number of
signs permitted, and location of the sign.
The proposed sign is 42.6 square feet in size, including three tenant panels of 10.65 square
feet each for Wawa, Storage Sense, and a future tenant plus 10.65 square feet for fuel price
display. The sign complies with both the ordinance size and height restrictions.
This parcel is permitted one freestanding sign per street frontage. The proposed bundle sign
will take the place of the allowable freestanding sign on this parcel and will not increase the
number of freestanding signs that would be permitted.
Regarding sign setbacks and location, signs must be located a minimum of five (5) feet from
property lines and from the edge of road right of way or in the case of an access easement,
from the edge of the easement. Signs must also be located such that they do not adversely
affect easements. In this case, the variable width private street easement for Pantops
Corner Way has been established along with an area for a sign easement. The proposed
sign location is not shown within the platted sign easement area and will not meet setbacks
from platted private street easement (Attachment F-Plat). The proposed sign exhibit
(Attachment A) demonstrates the proposed sign location will comply with the ordinance
setback requirements from the edge of the private street easement. However, in order for
the sign to comply, the County must review and approve a plat that relocates the private
street easement and relocates or removes the sign easement area. The applicant would like
action on the special use permit to confirm the sign will be authorized before pursuing
subdivision plat approval.
Staff believes that the bundle sign in the proposed location provided the noted issues are
addressed will be in harmony with the purpose and intent of the sign regulations.
4. Consistency with the Comprehensive Plan. The proposed special use will be
consistent with the Comprehensive Plan.
The subject property is within the Pantops Master Plan Comprehensive Plan Area. The
Comprehensive Plan does not directly address uses such as this. However, if the sign
meets the ARB design criteria, it would be consistent with the Comprehensive Plan.
SUMMARY: Staff believes that the proposed sign satisfies the goals of the sign regulations
and the criteria for issuance of a special use permit subject to the proposed conditions. Though
staff does not typically attach conditions of approval that are already requirements of the Zoning
Ordinance, compliance with the ARB design criteria is critical to this sign satisfying the criteria
for issuance of a special use permit along with revising the plat for this parcel. Therefore, staff
has included a condition referring to the certificate of appropriateness in order to incorporate the
ARB's design criteria.
Staff recommends approval of this request, with the following conditions:
1. The sign must comply with a certificate of appropriateness as approved by the
Architectural Review Board.
2. The sign location must be in general accord with the location as shown on Attachment A.
ATTACHMENTS:
A. Proposed Sign Design and Location
B. Location Map
C. Zoning Map
D. ARB Action Letter
E. Albemarle County Ordinance References
F. Plat
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TENANT PANEL
Wawa
SIGNAGE NOTES:
1. BACKGROUND OF RED AND GREEN
GAS PRICING LABELS TO BE OPAQUE.
2. THE REMAINING TENANT COLORS
WILL BE LIMITED TO RED AND GREY.
3. ALL LETTERING FOR EACH TENANT
TO BE CHANNEL STYLE LETTERING
4. GAS PRICING: DAYTIME INTENSITY
MUST BE LIMITED TO 70% OF MAXIMUM
INTENSITY; NIGHTTIME INTENSITY
MUST BE LIMITED TO 16% OF MAXIMUM
INTENSITY WITH AUTOMATIC DIMMING
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Any acmrnenxnon or topography or mmours, or am eeplchon of physical Improvements. properly ones or WundarMs a rot general Information ony add shall rot be usM for IM1e design, mMlfimBon, or mmwcoon or Improvements to real property or for flood plain determination _ August 18, 30W
Map cicncnls may scale larger Nan GIG data treasured In the map or as povMed on the data download page due an Me protest used. Map Projection: KG380 Web Mercator (Tutlllary Sidearm) (EPSG 3857)
SP202000011 Pantops Bundle Sign (Zoning Map)
78-58K
Legend
(Nnte: some Hems on map may nor appear In legend)
78B-01--101+
Parcel Info
❑ Parcels
Zoning Info
' r Zoning Entrance Conillo e
8 Natural Resource Extraction Overlay
Zoning Classifications
Rural Areas
Village Residential
R1 Residential
R2 Residential
78-58G3
8'70
R4 Residential
R6 Residential
R10 Residential
■ R15 Residential
Planned Unit Development
Planned Residential Development
■ Neighborhood Model Distant
Monticello Historic District
C1 Commerdal
Commercial Office
■ Hghv2y Commercial
Planned Development Shopping Ctr.
■ Planned Development Mixed Comm.
P/
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■ Dovmtrooet District
Light
■ Heavy Industry
■ Planned Development Industnal Par
■ Tovm of Scethealle
GIS Web
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My determination oftopography or tumours, or any depiction M physical Improvements, pmpeM lines w Nundares is for general Information only and shall not be used for Me design, modification, or mrmWNm MMprovements to real props[, afor Pow plain cietelrlllnabon. August 18, 2020
Map elements may scale larger Nan GIs data treasured In the map or as provided on Me data chemical page due to Me projection used! . Map Pmfexon: KGSBO Wei Mercator (MMINry apMre) (EPSG 3857)
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902
Phone (4341296-5832 Fax (4341972-4126
August 18, 2020
Ryan Perkins
Kimley Horn
1700 Willow Lawn Drive, Suite 200
Richmond. VA 23230
RE: ARB-2020-75: Pantops Corner Bundle — Sign (TMP 0780055AD30200)
Dear Ryan,
The Albemarle County Architectural Review Board, at its meeting on Monday August 17, 2020,
completed a review of the above -noted request. The Board took the following actions.
Regarding the Special Use Perm iURezoning, the Board, by a vote of 4:0, forwarded the following
recommendation to the Board of Zoning Appeals:
Because the sign elements derived from the bundle sign provision do not impose
negative visual impacts on the sign design, the ARB has no objection to the proposed
bundle sign, with the modifications outlined in the staff report.
Regarding the sign design and the Certificate of Appropriateness, the Board, by a vote of 4:0,
approved the Certificate of Appropriateness with the conditions listed in the staff report,
amended as follows, and pending approval of the Special Use Permit by the BZA:
1. Correct the illustration of the masonry on the sign base to reflect red brick to match the
Wawa building.
2. Indicate on the drawing the specific colors of the Storage Sense letters. Show that the
red matches the Wawa letters.
3. Provide on the drawings Pantone equivalents for the red and green gas price colors.
4. Consider flush mounted signs for all tenant panels. It is preferred that the depth of the
channel letters should not exceed the depth of the moldings.
5. Revise the sign drawings to eliminate the note stating, "translucent sign panels regular,
diesel illuminate from behind."
6. Revise the plan to show sign and landscape locations coordinated with street tree
planting on Pantops Corner Way.
7. Consider the street trees, the sign, and the landscaping at the base of the sign as a
coordinated whole for an appropriate, unified appearance. Revise the landscaping
accordingly.
Revised drawings addressing the comments listed above are required. Include updated revision
dates on each drawing. Please provide a memo including detailed responses indicating how
each comment has been addressed. If changes other than those requested have been made,
identify those changes in the memo also. Highlighting the changes in the drawing with "clouding"
or by other means will facilitate review and approval. Include the attached Resubmittal Form for
proper tracking.
If you have any questions concerning any of the above, please feel free to contact me.
Sincerely,
Margaret Maliszewski
Chief of Planning/Resource Management
434-296-5832 x3276
mmaliszewski@albemarle.org
cc: Pantops Way Self Storage LLC
200 West Main Street, Ste 201
Charlottesville, VA 22902
File
10
Sec. 4.15.7 - Signs authorized by special use permit; off -site directional signs, off -site bundle signs,
signs in a public right-of-way, electric message signs.
The following signs are authorized by a special use permit granted by the board of zoning appeals under
section 34.5, provided that a sign permit required by section 4.15.5 is also obtained for the sign, the sign
complies with all applicable requirements of this section 4.15, and the following:
b. Off -site bundle signs. A proposed off -site bundle sign shall satisfy the following:
1. Eligibility. The site whose owner is requesting the bundle sign must be located within an
industrial, commercial, or residential district and share a common entrance or access road with
one or more other establishments or sites.
2. Authorized locations. The sign shall be located on a lot having frontage on the intersection of a
street and an access road serving all establishments or sites.
Sec. 4.15.11- Maximum sign number, area, and height, and minimum sign setback in the C-1, CO, HC,
PD-SC, PD-MC, HI, LI, and PD-IP zoning districts.
The maximum number of signs permitted, sign area, and sign height, and the minimum sign setback are
as follows for each sign for each sign within the Commercial (C-1), Commercial Office (CO), Highway
Commercial (HC), Planned Development -Shopping Center (PD-SC) and Planned Development -Mixed
Commercial (PD-MC) Heavy Industry (HI), Light Industry (LI) and Planned Development -Industrial Park
(PD-IP) districts:
Number of Signs
Sign
Sign Area
Sign Height
Sign Type
Allowed
Setback
(Maximum)7-8-9•10
(Maximum)
(Maximum)
(Minimum)
1 per street frontage, or 2 per entrance, per
32 square feet, plus bonus
In the C-1 and HC
lot with 100 or more feet of continuous
tenant panels; if more than 1
Freestanding
districts, 12 feet; 16
street frontage plus 1 per lot if the lot is
sign at an entrance, no single
5 feet
2,3
feet in all other
greater than 4 acres and has more than 1
sign shall exceed 16 square
districts
approved entrance on its frontage
feet
a. The following apply to the corresponding sign types and standards for which superscript numbers
are in the table above:
3. Freestanding signs; bundle signs; electric message signs. The freestanding signage permitted
may include one off -site bundle sign allowed by special use permit under section 4.15.7(b) and
one electric message sign allowed by special use permit under section 4.15.7(d). An off -site
bundle sign shall count as a freestanding sign on the lot on which the sign is located.
7. Additional sign area for establishments at which gasoline or diesel fuel is dispensed. Any
establishment at which gasoline or diesel fuel, or both, is dispensed shall be entitled to
additional sign area to display fuel prices of up to 50 percent of the primary sign area to which it
is attached, or 16 square feet, whichever is less.
Bundle sign. 'Bundle sign" means a freestanding off -site sign that identifies two or more establishments
or sites that are not part of a planned development district and share a common entrance or access
road.
11
THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND
RIGHT-CP-NAY DEDICATION AM EASEMENTS. IS WITH THE FREE CONSENT
APOIACCOROMTH THE
DESIRE
OF THE UNDER��S,�II/GNED OWNER(S).
PREM/RITE$ IF
FORFCP: PAFM ANTT 9 COMER. LC
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STATE OF 11A .,d'
THE FOREGOING INSTXIIMENT WAS ACKNOWLEDGED I Q.;iS 'Wmrr wruY p,.; _ d N50'49'12"E K
BEFORE M: THIS �_ DAY CF (7 a iwF4M^,!" - QDv 247. BS'
20f9. BY M' ( M /` U A R k n `' 'A^WR, e - qP y.+ TOTAL
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CRY/c"TY GP AIA4AIE A a"D'Oty"Nu(�r-„p >>a> By?d>R MyM, "°IC jCT Nf�••
STATE OF UA 36'IV wy a"c ., (2018 C• _Nl_13 4 ` ., .0 Tf� \•,
THE FOREGOING INSTRUMENT WAS ACK�NO11M��LIIEO��F£^, D wmnmmoxxo.`y 2 \ Q�y
BEFORE M: THIS �L-DAY OF L Cjo '1M is E �. •........ M T. M. �!�` C •�Q ��.
2019. BY M 1..( /) (vO IA p)AIA4cL i4''T`lYWWei,p'f ^'A+ 4M{N Y,Q i;ry ..9. �- �.•�
FOR PANTOP9 CO R LL .� :�� BM 3]4'38'3B'E N NLf2 �40'W `•
,ry'r i 1l.00'
NOTARY PUBLI /�8957 'unr 28• M'N� _.. _.._.._:�'`+�, �`
MY COMMISSION EXPIRES : RO NOTARY SEAL / -.._., .
. ._.._.. _ 16.08' ` jzo1B)
�'±V}./IA NEW B'xif'
CITY/CCIMTY CF—Y. ZHFM EASEMENT T.M_ ,O
STATE OF NL O -.IDS-•` .._... p[Y}' 1AR 'F �I
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED f ;'�� Y 1
BEFORE ME Y of wr " T; pus`VO !_? DETAIL - SCALE 1' 20'
2019, BY CjHj., �L
FOR FLOW 2 STONY POINT. LLC S . lA•%
NOTARY PUBLIC AL,4 -�+/�Ioz000h WOMB
MY COMMISSION EXPIRES : *%M- NOTARY SEAL 1. OMNERISI 6 ADDRESS:
T.M. 7B-BA. 5B 6 5861; PANTCPS CORNER. LC T. M.78-M
T.M.78-5E: PANTOPS,LC FLOW 1289 STONY POINT.LLC
APPROVED FOR RECORDATION : 12704 CRIMSON COURT. SUITE 101 1425 PLAZA DRIVE
XENRICO, VIRGINIA 23233 WINSTON-SALEM. NC 8'R03
AGENT
\ 2. NO FIELD WORN WAS SHOWN PERFORMED IN IS BASED
OF THIS RAT.
ALL FIELD
BOUNDARYWORK
DATA SHOWN HEREON IS BARAT ON FIELD S M PERFORMED BY THIS FIRM IN 20fi 2014. 2015, 2016 6 2018.
)I THE EXTERIOR BOUNDARY DATA SHOWN HEREON FOR T.M,18-5A.SB.5C.5E 6 5861 WAS TAKEN FROM RATS BY THIS FIRM
RECORDED IN O.B.5904-164 6 163 AM D.6.5147-228 B 229 AND WAS NOT RESURVEYED THIS DATE.
GENT FOR THE BOARD OF SUPERVISORS AT—9.-�.M.]0-5A I6 SUBJECT TO Aj ETAiNiNG-NALL CONSTPUCTIONMAINTENANCE EASEMENT AM ACCESS EASEMENT AGREEMENT
(0.B.4553-473).
THE LAND USE NOTES SHOWN ON THIS RAT ARE IMPOSED AT THE BEQUEST OF 4� T.MJ8-5B IS SUBJECT TD AN EASEMENT TO VIRGINIA ELECTRIC 6 POWER COMPANY(D.B.275-92).
THE DIRECTOR OF MANNING. BY PLACING HIS/HER SIGNATURE ON THIS PLAT 5. T.M.7S-5C 15 SUBJECT TO THE FOLLOWING:
HE/SHE HAS DEEMED THAT THEY ARE CORRECT AM IN ACCORDANCE WITH THE A. AN EASEMENT TO VIRGINIA-WESTEMM POWER COMPANY M. B. 184-127).
ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT THIS DATE. THESE NOTES B. AN EASEMENTS TO VIRGINIA ELECTRIC 6 POWER COMPANY11D.B.344-323 0 D.B.275-921
ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR C. AN EASEMENT TO VIRGINIA TELEPHONE 6 TELEGRAPH CO. ID.B.529-4711.
APPEARANCE ON THIS RAT IS NOT INTENDED TO IMPOSE THEM AS SUM.
ANY REFERENCE TO FUTURE DEVELOPMENT SIGHTS SHOWN PERSON IS THEORETICAL. S. T.M.78-ES IS SUBJECT TD AN EASEMENT TO VIRGINIA ELECTRIC 6 POWER COMPANY I0. B.275-921.
A. T. M. 76-5A IS ZONED HIGHWAY COMMERCIAL (ENTRANCE CORRIDOR 7, T,M,78-58G1 IS SUBJECT TO A RETAINING WALL CONSTRUCTION/MAINTENANCE EASEMENT AND ACCESS EASEMENT AGREEMENT
STEEP SLOPES (MANAGED) AND ZMA-2013-00002).
T.N.70-58.5C 6 5E ARE ZONED HIGHWAY COMMERCIAL ENTRANCE CORRIDOR 6 (U. B.4553-473).
STEP SLOPES (MANAGEDDI.
T. MJB-5BG1 IS ZONED HIGHWAY COMMERCIAL ENTRANCE CORRIDOR. FLOW S. NO TITLE REPORT FURNISHED. ALL EASEMENTS KNOWN BY ME ARE SHOWN OR NOTED HEREON. THIS PROPERTY IS SUBJECT TO
HAZARD OVERLAY, STEEP SLOPES(PRESERVEO)) 6 ZMA-2013-00002). ANY ADDITIONAL CONDITIONS, UTILITIES. EASEMENTS AND/OR COVENANTS THAT MAY EXIST.
B. THESE PROPERTIES ARE IN THE JURISOICTIONAL AREA FOR WATER 6 SEWER. 9 THE NEW
VARIABLE WIDTH PRIVATE STREET EASEMENT WITH PUBLIC ACCESS SHOWN HEREON SHALL BE OPEN TO PUBLIC ACCESS.
C. ACCORDING TO THE COUNTY OF ALBEMARLE GIB WEBSITE. THESE PROPERTIES
DO NOT LIE WITHIN A WATER SUPPLY WATERSHED. 0ACCORDING TO THE COUNTY OF ALBEMARLE 6I9 WESSITE, THESE PROPERTIES f0. THE NEW AC9A EASEMENTS SHOWN HEREON SHALL BE CENTERED ON AS -BUILT LOCATIONS.
.
DO MAT LIE WITHIN AN AGRICULTURAL -FORESTAL DISTRICT.
NEW VARIABLE
SCALE: 1' - 50'
0.07 ACRE,A PORTION OF
HEREBY DEDICATED TO
5C, 5E AND 5BG1,
NEW VARIABLE. WIDTH SHAREO_PRIVATE DRAINAGE EASEMENT.
LOCATED ON U. S. ROUTE 250 (RICHMOND ROAD) 6_STATE ROUTE 20 (STONY POINT ROAD)
DATE: MARCH 28.
REVISED:
DUNE f7.7, 20 2019
REVISED:
AUGUST 6, 20f9
REVISED:
AUGUST 27.2019
SHIMP ENGINEERING. P.C.
REVISED:
OCTOBER 24, 2019
ROGER W. RAY 6 ASSOC.. INC.
5;t 4
663 BEBKMAR COURT
DR
CHARLOTTESVILLE. VIRGINIA 22WI
12
TELEPHONE: (434) 293-3195
RAYSURVEYING.CON
SWEET 1 OF 2 1419'.
WIDTH
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33.26' ,
I'4B'4fi'W COURSES ALONGQNTERLINE OF
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ALS
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WIDTH ACM
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(D.S.514]-221,
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EXTINGUISHED
IRON Ji SIGHT DISTANCE
FOUND EASEMENT LINE
(20131! S35-12.29"W
T M. .37 ACRES
'I FLOW 1289
STONY POINT, LLC
/ O. 6143-6 1- fi 229 PLAT
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T,M.78-58G3
I
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(2. 68ACRES)
1
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I i
58-664, 616 PLAT
N
D.B. .B.M90.8.1 4 fi ifi5 PLAT
128-251
MY.
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.4'59'W 111.21 / / 20'PERMTAFTANEWE i i s 228 fi 229 PLAT) li it
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I
G POWER COMPANY 0.8.4869-721 6 722 PLAT
EASEMENT
(D.B.344-323) 0.8.1744-545 PLAT
DENOTES APPROXIMATE LOCATION OF AREA
WITHIN NTE AE (f00 YEAR FLOOD PLAIN)
ACCORDING THE THE FEMA FLOOD INSURANCE
RATE MAPS.EFFECTIVE DATE FEBRUARY 4,
2005(COMIWITY PANEL 510005 02870).
IS
DENOTES IRON SET
IF
DENOTES IRON FOUND
(MOO)
DENOTES YEAR MONUMENTATIDN WAS
PREVIOUSLY FOUND OR SET BY THIS FIRM.
DENOTES PORTION OF T.M.78-5A (0.0] ACRE)
®
AND PORTION OF T.M.70-% (0.01 ACRE I
HEREBY DEDICATED TO THE COMIONWEALTN
OF VIRGINIA FOR PUBLIC USE.
SCALE: 1' - 50'
DATE: MARCH 28,2019
REVISED: JUNE 17, 2019
REVISED: AUGUST 6, 2019
REVISED: AUGUST 27, 2019
REVISED: OCTOBER 23, 2019
REVISED: OCTOBER 24, 2019
FOR
SHIMP ENOINEERING.P.C.
AMR X.RAY 6 ASSOC., INC.
663 BEANNAR COURT
CHARLOTTESVILLE, VIRGINIA 22901
GL
- TELEPHONE : (4341 3195
RAYSURVEYIII I29}
TX76-5F 1 T. M. 7B-5B
PANTOPS LC i (O.P NTAOPSjES)
D.B. 5143-671. CORNEA, LC
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0.8.2934-476 WI 6 229 PLAT
D. B.4B69-721 1 0. 5.88358 -684,
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0. B. 1996-81 PLAT �1 0. B.5094-164
0. B.405-415 PLAT I G 165 PLAT
wi 057ARE
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(2
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GRAPHIC SCALE
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WIDTH PRIVATE
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T. M.78-5A
'8) (2.19 ACRES)
LOT 6. WILTON
.INE PANTOPS CORNER, LC
31 B'W O.B.4356-684,
688 PLAT
D.B.%94-164
6 10 PLAT
RESIDUE-2. 12 ACRES
- NEW VARIABLE WIDTH
ACSA UTILITY EASEMENT
i
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--I- I9 �0.0 fAC. IS 0.0) ACRE
_
IS
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SET
FOUND
NAIL
FOUND
(2018)
(2013)
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p
U.S.ROUTE 250
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RICHMOND ROAD
VARIABLE WIDTH
II 1].9fi'
R/W
(0. B. 1416-492.O.B.1135-522
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�3\
WEST 2 OF 2 1419IN
I ALBEMARLE COUNTY BOARD OF ZONING APPEALS
2 ELECTRONIC MEETING
3 TUESDAY, AUGUST 4, 2020 — 2:00 P.M.
6 Board Members: John Shepherd, Chairman
7 Ed Robb, Vice -Chairman
8 Marcia Joseph, BZA Secretary
9 Randy Rinehart
10
11 Staff Members: Bart Svoboda, Zoning Administrator
12 Marsha Alley, BZA Recording Clerk
13
14
15 County Attorney: Andy Herrick, Deputy County Attorney
16
17 BZA Attorney: James Bowling, IV
18
19
20 1. Call to Order
21 The meeting was called to order at 2:00 p.m. by Chairman John Shepherd. He said this is an electronic
22 meeting and asked for patience as they become familiar with this meeting alternative and virtual process.
23 He stated that this meeting is being held in pursuant to and in compliance with Emergency Ordinance
24 #20-A(8), "An Emergency Ordinance to Ensure the Continuity of Government During the COVID-19
25 Disaster."
26
27 Mr. Shepherd said the persons responsible for receiving public comment are the Board of Zoning Appeals
28 of Albemarle County. He said the opportunities for the public to access and participate in the electronic
29 meetings are posted on the Albemarle County website, on the Board of Zoning Appeals homepage, and
30 on the Albemarle County calendar.
31
32 2. Establish a Quorum
33 The BZA established a quorum, with four members present.
34
35 Mr. Shepherd said the BZA members who are electronically present at this meeting were: John Shepherd,
36 Randy Rinehart, Marcia Joseph (Secretary), and Ed Robb (Vice Chair). Ms. Joseph, Mr. Robb, Mr.
37 Rinehart, and Mr. Shepherd each stated their presence.
38
39 Mr. Shepherd introduced others in attendance: James Bowling (BZA Attorney); Andy Herrick (Deputy
40 County Attorney); Bart Svoboda, Zoning Administrator; Marsha Alley, BZA Recording Clerk; and Ms.
41 Valerie Long and Mr. Patrick May (representatives for the applicant).
42
43 3. Request to Extend Deferral
44 A. Project Number: AP202000001 R. A. Yancey Lumber Corporation 55-11111, 55-112
45 Property Owner/Appellant: R. A. Yancey Lumber Corporation
46 Mr. Shepherd noted that the BZA had granted the appellant a deferral the month prior. He said that at that
47 time, both staff and the appellants had provided background information, and the BZA understands the
48 situation. He said the underlying reason for deferral was that the BZA wanted to allow the Board of
49 Supervisors to complete the process of looking at all the issues facing this site. He said they had
I completed most of their work and that there was a meeting scheduled the following day to address it
z again.
4 Mr. Shepherd said Mr. Svoboda would provide the staff report and the County's view on this matter.
6 Mr. Svoboda stated that the request is to extend the deferral that was granted at the last meeting. He said
7 this was an opportunity for the appellant to correct the violation through other actions, which would be
8 the Board's action. He said the BZA granted the deferral for the appeal on June 2"d, and the Board of
9 Supervisors granted some of the special permit requests on July 15d'. He said they would hear the
10 remaining number of requests on August 5th (the following day).
11
12 Mr. Svoboda said they want to follow the BZA's last decision (as they do not feel that any of the
13 circumstances have changed) and allow the appellant to move through the special exception process, with
14 the final decision by the Board hopefully coming the following day. He stated that the appellant is
15 therefore requesting this extension of deferral to the first meeting and that their email was attached.
16
17 Mr. Svoboda said they are still in the process of special exceptions and that they were granted an
18 opportunity to pursue it through that process which was not yet complete.
19
20 Mr. Shepherd informed the appellant that they had 15 minutes to speak.
21
zz Ms. Valerie Long said she is with the law firm of Williams Mullen and is representing the appellant in
23 this action. She said she was joined by Mr. Patrick May of Yancey Lumber Company. She said the
24 appellant did not have anything to add beyond what Mr. Svoboda added and that, as stated in their email
25 to Mr. Svoboda on July 21, she believed the request was fairly straightforward.
26
27 Ms. Long said that on July 15Ih, the Board of Supervisors approved the majority of the special exception
28 requests and deferred action on three items to provide time for the appellant to work with staff to clarify
29 the conditions of approval that would apply to those three special exceptions. She said that during the
30 Board meeting, they discussed the fact that the appellant was happy to do that, but that it did create a
31 logistical or timing situation regarding the appeal. She said they discussed the fact that they would need to
32 come back before the BZA and request that the deferral be extended to accommodate the Board of
33 Supervisors meeting on August 5Ih. She said the Supervisors are aware of that request and understood that
34 this would be part of the appellant's request.
35
36 Ms. Long said that for all of the reasons stated in the appellant's email and in the letter sent on May 22,
37 2020, they would respectfully request that the BZA extend this deferral in order to allow the Board of
38 Supervisors to finally resolve the matter so that they can move forward and hopefully dispense with the
39 need for further hearings before the BZA.
40
41 Ms. Long said she would be happy to answer any questions or provide additional information that any
42 BZA members might need, as would Mr. May.
43
44 Mr. Shepherd asked Mr. May if he had anything to add.
45
46 Ms. Long said Mr. May had informed her that he had no need to respond unless there were questions for
47 him.
48
49 Mr. Shepherd turned deliberation over to the BZA.
2 Mr. Robb, Mr. Rinehart, and Ms. Joseph said they had no comments or questions.
4 Mr. Shepherd stated that he watched the Board of Supervisors meeting and found it to be interesting. He
s said he had the sense that the stacker/sorter was the item that gave the Supervisors the most pause, which
6 is what was being worked on currently and would be addressed on August 5 h. He said it was good that the
7 BZA was able to stand back and allow that process to take place, and he believed it was almost complete.
8 He said it does seem somewhat complicated and that he didn't know that it would actually be finished the
9 following day; but he hoped it would be.
10
11 Mr. Shepherd said all his reasoning from the previous month remains unchanged this month in terms of
12 his approach to this.
13
14 Mr. Shepherd said he thinks the BZA has a choice about deferring this for one more month or to some
15 other date certain. He said alternatively, they could defer it to a time when the Board of Supervisors has
16 completed its deliberations, come to final conclusions, and finished its work. He asked if anyone else had
17 thoughts or questions on the topic.
18
19 Mr. Shepherd asked Mr. Robb if he had concerns about the length of time the BZA would defer this.
20
21 Mr. Robb replied that he felt it was proper and sensible to defer until the next regular meeting of the BZA.
22
23 Mr. Rinehart said Mr. Shepherd may have some points to make for deferring it until a different time in the
24 future but that he himself supported Mr. Robb's position.
2s
26 Ms. Joseph said if the BZA goes with the September meeting, they are assuming that the Board of
27 Supervisors will have worked through everything they need to do. She said the only topic they were
28 concerned about was the sorter/stacker, as this was the only one that was in the cease and desist or
29 determination letter that was sent out. She said that if the Board of Supervisors doesn't come to some
30 conclusion in their next meeting, the BZA may have to then defer it until October. She said perhaps this
31 would not make any difference.
32
33 Mr. Shepherd agreed that he would like to defer this to the certain date in September. He said he was
34 expecting this to conclude fairly rapidly; however, he recognized that there is a possibility that this could
35 go on for quite some time but that he really did not know. He said there may come a point where the BZA
36 would want to go ahead and act on the appeal itself, depending on the timing.
37
38 Mr. Shepherd said he did not want to defer it indefinitely. He said he knew some Board members had
39 talked about that, and they were hoping the BZA would let the process completely play itself out. He said
40 he believed it should go to September, however.
41
42 Mr. Shepherd said he believed the BZA members were all in agreement. He asked if there was any further
43 discussion. Hearing none, he asked for a motion.
44
45 MOTION: Mr. Rinehart moved to defer AP202000001 R.A. Yancey Lumber Corporation to the next
46 BZA meeting on September 1, 2020. Mr. Robb seconded the motion, which passed unanimously (4-0).
47
48
49
1 4. Approval of Minutes
2 A. June 2, 2020
3 MOTION: Ms. Joseph moved to approve the revised minutes for June 2, 2020. Mr. Rinehart seconded
4 the motion, which passed unanimously (4-0).
6 Mr. Shepherd said the numbers that were now in the minutes were very helpful, and he appreciated the
7 "track changes" mechanism that was used to highlight the changes in the June 2 minutes. He said this
8 made the changes easy to find and talk about. He said although these were small things, they make things
9 easier in the long run.
10
11 B. July 7, 2020
12 Ms. Joseph asked for the pages to be numbered. She also said that on page 6, line 14, the word "were"
13 should be "was."
14
15 Ms. Joseph said if everyone agreed, they could approve it if Mr. Bowling or Mr. Herrick agreed, as she
16 was sent a clean copy.
17
18 Mr. Bowling said this was correct if everyone accepted the change.
19
20 Mr. Shepherd stated that on page 1, line 40, he was not sure that he had identified everyone's job
21 description on the board —but since Mr. Robb was noted as the Vice Chair, Ms. Joseph should be
22 identified as the Secretary.
23
24 Mr. Shepherd said on page 4, line 22, `what the sun would look like" should be changed to `what the sign
25 should look like."
26
27 MOTION: Mr. Rinehart moved to approve the July 7, 2020 minutes with the noted changes. Ms. Joseph
28 seconded the motion, which passed unanimously (4-0).
29
30 5. Old Business
31 Mr. Svoboda said he did not have an update on the new BZA member and that it was still in a holding
32 pattern.
33
34 6. New Business
35 Ms. Joseph said she was looking through and trying to figure out special exceptions and variances and got
36 extremely confused. She said the ordinance has obviously changed the way that setbacks are addressed.
37 She said that the Albemarle County Zoning Ordinance says that any minimum setback in industrial
38 districts may be reduced by special exception. She said what she finds fascinating about this is that a
39 reduction in the setback is normally called a variance, and to her, it is normally something that comes
40 before the BZA.
41
42 Ms. Joseph said the ordinance also speaks to the fact that the duties of the BZA are to grant variances or
43 to not grant variances, and they are the body that looks at a variance. She said the ordinance is very clear
44 as to the issues to be considered before a variance can be granted by the BZA. She said that it was
45 fascinating that the Board of Supervisors can essentially grant a variance for a setback without going
46 through the whole list of criteria, such as whether the need for a variance is the result of a self-imposed
47 situation.
48
4
1 Ms. Joseph said what she was trying to figure out —and what she would love to receive from staff —is
2 what to tell people coming in. She asked if they should tell them that it is self-imposed and to therefore,
3 go before the Board of Supervisors to get a special exception; or, if it is a matter that is due to the
4 topography or shape of the lot, to then go to the BZA and look at the specific list of criteria the applicant
s needs to meet before they are granted a variance.
7 Ms. Joseph said she did not expect an answer immediately but that she would love to be able to have an
8 extended conversation about this, perhaps at the BZA's September meeting, so that the difference
9 between the two can be explained and about how staff offers advice to applicants when they come in. She
10 expressed that this very much confused her and that she could see why the Yancey Lumber matter came
11 before the BZA because it was stuck in the middle in terms of what they would do. She said the letter
12 comes to the BZA because the applicant has done something that was in violation and yet, the BZA hears
13 it and it then goes to the Board of Supervisors.
14
15 Ms. Joseph said she would like to have a conversation at which everyone is prepared to talk about this.
16 She said when going through the ordinance and finding this information, she wondered what was going
17 on. She said it may not be as complicated as she was making it out in her mind but that she would
18 appreciate staff preparing something that they could discuss in September.
19
20 Mr. Svoboda said they could get this on the agenda and make sure they have sufficient time. He said there
21 are certain areas where the Board of Supervisors reserves the right to grant special exceptions, which is a
22 different criteria than the variance that Ms. Joseph pointed out. He said they will need to talk about it in
23 more detail, however, for understanding.
24
25 Mr. Rinehart said this made a lot of sense and thanked Ms. Joseph for bringing it up, adding that it created
26 questions of his own.
27
28 Mr. Shepherd said he was confused by this as well. He said it seems there is a contradiction. He said he
29 would like to think it is resolved in the ordinance but that he did not see it there now.
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31 Mr. Shepherd said he assumed that it could possibly come into play with the setback for the debarker
32 machine (the Yancey Lumber machine that was across the VDOT right of way). He said he has seen the
33 list of findings that the Board of Supervisors made and that they have granted that setback. He said he
34 didn't expect them to change that finding, but the BZA might be addressing both of those items in terms
35 of the appeal having to do with the Notice of Violation, which includes the debarker as well as the
36 stacker/sorter. He said it is the time and place, if the BZA hears and does the appeal, to have a clear
37 finding from the County on how to interpret that. He said he did not know how to interpret it.
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39 Mr. Shepherd said he was glad they raised the issue. He said he didn't know if the Board of Supervisors,
40 Mr. Fritz, or anyone was interested in considering that now and that he would leave it to Mr. Svoboda and
41 Mr. Herrick taking it from there.
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43 Mr. Herrick suggested that if and when the Yancey item came back before the BZA, it could be addressed
44 as part of that discussion. He said that if the Yancey matter were substantially resolved without further
45 BZA involvement, staff could brief the BZA about the specific issues afterwards.
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47 Mr. Shepherd said he appreciated that. He said the Yancey matter may or may not bring this issue front
48 and center. He said he suspects that it will not because the Board of Supervisors has already made a
49 finding on it and that he imagined the BZA would simply accept this and move on. He said he was not
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1 doubting it, either. He said hypothetically, however, it is important that it is clear either to the BZA (as
2 they may not be looking at it correctly) or in the ordinance as to what criteria is brought to the analysis for
3 minimizing a setback. He said the question is if it is the criteria in the variance section, or if it was the
4 more subjective criteria that is in the special exceptions criteria. He said it was not just Yancey that he
5 was interested in and that he was almost more interested in the case beyond the horizon.
7 Ms. Joseph said this should not be read as a challenge to the Board of Supervisors from her, as this was
8 not what was going on here. She said the legislative branch is allowed to do the things they are allowed to
9 do, while the judicial branch is allowed to do the things they are allowed to do and that this seems to be
10 messy in her mind.
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12 Mr. Herrick said that since this may come up as an issue in a pending case, he would suggest that they
13 defer further discussion of this particular issue until that case is back on the table and all the participants
14 are there. He said that if this case were resolved without the BZA's involvement, they could address this
15 issue separately. His thought was to defer the discussion until that item and all the participants were back
16 in the room.
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18 Mr. Shepherd said he understood.
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20 Mr. Robb asked what the BZA's standing is regarding this subject. He said he appreciated Ms. Joseph's
21 research on this matter but that he wanted to know what standing the BZA has as far as suggesting that
22 the Board of Supervisors do anything about identifying if there is an error here or an effort to confuse.
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24 Mr. Shepherd said he would try to answer that, adding that Mr. Herrick should stop him if he needs to be
25 corrected on anything.
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27 Mr. Rinehart expressed that the BZA seemed to be going down a rabbit hole and that he could read from
28 the body language of staff that they needed to pause this discussion until they can address the Yancey
29 item. He said while he applauded Ms. Joseph for raising the issue, he believed the discussion should be
30 paused until the next month or beyond.
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32 Mr. Shepherd said this was his point —that what was in front of the BZA was a deferral and what was in
33 the notice of violation. He said this is what they are dealing with and that everything else was not front
34 and center for them.
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36 Ms. Joseph clarified that the only reason it came up had nothing to do with how this affects Yancey, but it
37 has to do with the words in the ordinance. She said she was not interested in telling the Board of
38 Supervisors how to do their job. She said it just came up because of this particular project.
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40 Mr. Svoboda said as part of the discussion next month, one way or another, staff will clarify the criteria
41 for a variance versus the criteria for a special exception. He said this should address all the questions that
42 he has heard, and if he missed one, he was sure the BZA would let him know next month.
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44 Mr. Rinehart asked what time the Board of Supervisors meeting was the next day so that he could log on
45 to watch.
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47 Mr. Herrick said the Yancey Lumber item was on the Board of Supervisors' August 5a' meeting agenda.
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Mr. Svoboda directed Mr. Rinehart on how to access the meeting and said he would send a link to the
page.
7. Adjournment
MOTION: At 2:36 p.m., Mr. Robb moved to adjourn the meeting. Mr. Rinehart seconded the motion,
which passed unanimously (4-0).
(Recorded by Marsha Alley and transcribed by Beth Golden)
Respectfully Submitted,
Marcia Joseph, Secretary Board of Zoning Appeals
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